FMLA & WC

sunshine state

WHAT ARE SOME RULES YOU HAVE? ei: earning accruls, benefits, job retention-key employee? This employee was HR previous and interpted rules differently. I am new to HR and have read about everything I can. This person had WC five yrs. ago, operations last yr, and out on WC & FMLA any suggestions

Don D

Can you be more specific in your question?

sunshine state

employee out on flma & wc is key employee can we hire someone to replace her, reclass her job to lower pay-less responsibiity, she has retained a lawyer when she first went out on flma & wc. also what should I use as the 12 month. she was out on flma last year, also if she has exhausted all her accrued time is she still entitled to earn accrues and holiday pay

Whatever

[font size="1" color="#FF0000"]LAST EDITED ON 09-09-03 AT 11:39AM (CST)[/font][p]You cannot create the rules after the ee has gone out on FMLA. If she is a key employee, why is she on FMLA? What previously have you used as the the 12 month period? The definition of the 12 month period is the key. You state ee was out last year on FMLA....to determine if this matters, it would depend on what defintion you were using and when they were out. In any case, do you even have a policy? If you don't, you should get legal advice. If you do, follow it. The law requires that if you change the 12 month period, you must give the ees 60 day notice.